Reply to: Advice required: Can I sue for harassment suffered from client's employee

[SueEllen]

No you cannot. Even as a permanent they can do almost what they like for 2 years.

Not true.

You can use the Protection from Harassment Act in employment/business situations like other civil situations.

Plus there is no 2 year time limit to make a claim of discrimination using a protected characteristic in the Equality Act in an employment situation. I've heard of female contractors using the sex discrimination part to get a payout when they have been given the boot early due to being pregnant. As a result one client I had let another female contractor first extend her contract, then come back within a month of giving birth. Her baby was looked after by its father and grandmother.

Unless you have concrete proof of blatant illegal behaviour? From what I read, your mistreatment is just an opinion.

That's how these cases are fought. They are a case of one person said this while the other person said that. If any party has any evidence e.g. documents, emails that back that up what was said then their side of the case is stronger.

I have twice worked at gigs where permies abused contractors. Once threatening violence and once kicking their desk. In both cases the contractor was terminated.

They clearly weren't bothered enough to take a stand and to knock the permies out.

[BrilloPad]

No you cannot. Even as a permanent they can do almost what they like for 2 years.

Unless you have concrete proof of blatant illegal behaviour? From what I read, your mistreatment is just an opinion.

I have twice worked at gigs where permies abused contractors. Once threatening violence and once kicking their desk. In both cases the contractor was terminated.

[TheFaQQer]

Could I interest you in one of these instead?

https://weblearn.ox.ac.uk/library/im...ine-breaks.png

[NotAllThere]

Nothwithstanding the above, there are cases where a worker might be able to make a personal claim against a client. For example, if you as a contractor are physically injured due to the negligence of a client employee. Or if your were being sexually or racially harassed.

[ladymuck]

As NAT said, the question isn't whether you "can" sue. You can sue for whatever you like. However, you have to remember this is a B2B contract and your options are limited to whether there has been a breach of that contract. If you're going to sue, you have to demonstrate there has been some kind of loss. You've been paid your notice, so there's no financial loss. You haven't lost a limb, or an eye, so there's no physical loss. Your reputation was only tarnished within that organisation, unless you can prove that the employee's actions have resulted in you being black listed and you are unable to secure work with any other organisation to which you would ply your trade.

That's not to say no-one is sympathetic. It's horrible to work somewhere where the staff seem to get off on making your life a misery and I don't think it is fair that these people get away with it. Unfortunately, fair is not something you can sue for.

Take some time off, if you can afford it, and get your head straight. Sit on a beach for a while or climb a mountain, or whatever works for you. Not all clients are bad. See what you can learn from this experience in order to develop a way of coping/addressing it should it happen again. You are in business on your own; you need to look after yourself.

[cojak]

You have few ‘rights’ as a contractor.

In fact generally we would not thank you if you gave them to us.

We are small businesses and solve our problems from that point of view.

[NotAllThere]

The question is not whether you can sue (there's nothing to stop you), but whether you'd be successful, and whether the process would be worth it. Given the information supplied, the answer to both these questions, in my view, is no.

The company/agency were most likely within their contractual rights to give you 2 weeks notice, and then tell you you weren't needed for those two weeks, and since you've no signed timesheets, not pay you a penny.

[SueEllen]

I'll bet they didn't even do that TBH.

True as the person doing the harassment probably has previous form.

[northernladuk]

They paid the notice because they worked out it was cheaper than paying more lawyers fees and the same compensation. Or does the OP not think the client got legal advice?

I'll bet they didn't even do that TBH.

[SueEllen]

This is General isn’t it?

Nope Welcome/FAQs so play nicely.

[SueEllen]

You are very lucky they are paying you notice and not having to work it. Take it and move on. Nothing else for you here.

They paid the notice because they worked out it was cheaper than paying more lawyers fees and the same compensation. Or does the OP not think the client got legal advice?

[stek]

I’d just suck it up if you’re into tgat sort of thing.

This is General isn’t it?

[northernladuk]

Don't you think you're over doing it a bit. Injury to reputation? Inhumane treatment? Really?

You are out of contract and are attempting to log on to a clients system? I'm surprised you are surprised your account has been suspended. What did you expect? Keep full access to a clients system for a seriously pissed off contractor that's not in contract anymore? That's not a good idea.

You are very lucky they are paying you notice and not having to work it. Take it and move on. Nothing else for you here.

[SueEllen]

Short answer - move on you have already been compensated. The laptop is the property of the client once you are no longer doing work for them you shouldn't be using it even if you haven't yet handed it back. Use your own business email to contact the client.

[stek]

No.